Vinod Kanjibhai Bhagora v. State of Gujarat & Anr.
Vinod Kanjibhai Bhagora served as a Postal Assistant with the Central Government from August 12, 1983, to July 16, 1993. He then resigned after obtaining a No Objection Certificate (NOC) to join as a Senior Assistant in the State Government of Gujarat, where he served for 23 years until his retirement. Upon retirement, the State Government granted him pensionary benefits only for his service under the State, excluding his decade-long Central Government tenure.
Legal Issue
The central issue was whether Bhagora’s Central Government service could be counted towards qualifying service for pension under the Gujarat Civil Services (Pension) Rules, 2002, specifically Rule 25(ix), which deals with absorption and counting of previous service for pensionary benefits.
Arguments
Appellant (Bhagora): Argued that his Central Government service should be included in the calculation of his pension, as he had resigned with proper permission and there was no break in service.
State of Gujarat: Contended that only State Government service should be considered, as the rules did not explicitly provide for inclusion of Central Government service.
Supreme Court’s Reasoning
The Court emphasized the beneficial nature of pension legislation, stating that such provisions must be interpreted broadly to fulfill their social welfare purpose.
It was noted that Bhagora’s transition from Central to State Government was seamless, with proper permissions and no break in service, and that he was “absorbed” in the State Government as per the requirements of Rule 25(ix).
The Court highlighted that the term “absorption” should be interpreted liberally to include cases where an employee moves from Central to State service with proper authorization, especially when the service is continuous.
The Supreme Court criticized restrictive interpretations that deprive employees of pension benefits for prior government service, reaffirming that pension is a significant right for retired employees and should not be denied on technical grounds.
Judgment
The Supreme Court held that Bhagora’s Central Government service must be included in calculating his qualifying service for State pension. The State Government was directed to recalculate and release the pensionary benefits due to him, considering his entire service tenure (Central plus State).
Significance
This judgment is a landmark in expanding the scope of pension entitlements for government employees who move between Central and State services. It underscores the Court’s commitment to a liberal and purposive interpretation of beneficial legislation, ensuring that employees are not unfairly deprived of their rightful retirement benefits due to technicalities.
Citation:
Vinod Kanjibhai Bhagora v. State of Gujarat & Anr., Civil Appeal No. 1571 of 2024, Supreme Court of India, decided on February 2, 2024.
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